CIVIL PROCEDURE — Judgment on the Merits — Meaning
Ratio Decidendi
Per Adekeye, JSC, in Oyegun v. Nzeribe (2010) NLC-123-253-2002(SC) at p. 10; Paras A–B:
"A judgment or ruling on the merits is one obtained where the case has been argued and the court has decided which party is in the right."
Explanation / Scope
This principle defines a judgment on the merits as one where the case has been argued and the court decides which party is right. The principle applies in civil proceedings. It distinguishes merits from procedural dismissals. The principle reflects that merits decisions are based on substance. It ensures that parties understand the nature of the judgment. The court must determine if the case was argued. The principle provides guidance on the meaning of judgment on the merits.